Client Alert: From Student-Athletes to Employees?: The NLRB General Counsel Deems Student Athletes Employees under the National Labor Relations Act

Only adding further to the controversy surrounding the status of college athletes created by the Supreme Court’s June 2021 decision in NCAA v. Alston, on September 29, 2021, the General Counsel of the National Labor Relations Board (NLRB) issued a memorandum stating that student athletes at private educational institutions should be considered employees under the National Labor Relations Act (NLRA), and thus should have the right to unionize.

The General Counsel’s position would have to be adopted by the NLRB in order for it to have the force of law. However, the fact that the General Counsel is looking for a specific case through which to advance this argument means the NLRB, which currently has a majority of Democratic members likely to favor the General Counsel’s position, may adopt the General Counsel’s position on this contentious issue.

To read the full client alert, please click here.

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

Client Alert: From Student-Athletes to Employees?: The NLRB General Counsel Deems Student Athletes Employees under the National Labor Relations Act

Only adding further to the controversy surrounding the status of college athletes created by the Supreme Court’s June 2021 decision in NCAA v. Alston, on September 29, 2021, the General Counsel of the National Labor Relations Board (NLRB) issued a memorandum stating that student athletes at private educational institutions should be considered employees under the National Labor Relations Act (NLRA), and thus should have the right to unionize.

The General Counsel’s position would have to be adopted by the NLRB in order for it to have the force of law. However, the fact that the General Counsel is looking for a specific case through which to advance this argument means the NLRB, which currently has a majority of Democratic members likely to favor the General Counsel’s position, may adopt the General Counsel’s position on this contentious issue.

To read the full client alert, please click here.

Related Capabilities

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

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